FAQ's

Frequently Asked Questions

1. Who is responsible for reporting my accident to the Workers’ Compensation Board of Nova Scotia?

Your employer is required, by law, to report all accidents in the workplace to the WCB within 5 business days of learning there has been an accident. The WCB Policy Manual states that only those accidents which involve lost time from work or requiring medical aid need to be reported- however we recommend you should report ALL accidents, no matter how trivial. Failure of the employer to report an accident within 5 days may result in a fine.

2. What is my responsibility upon being hurt while at work?

A worker is responsible to report all accidents to his/her employer as soon as possible. At the least, all accidents should be recorded in a log or first aid book. Accidents which go unreported may pose a risk to you or your fellow employees if the situation which caused the accident is not remedied.

3. My employer has told me that I have to go to their Physiotherapy Clinic within 24 hours of my injury. What will happen if I do not go?

Your employer has been directed by the WCB to send you to a Clinic so that you may be assessed for your ability to remain at work following your injury. Your employer has an obligation to provide you with suitable work (work which you can safely do) or to modify your job so that you will not necessarily lose time from work following your injury. This appointment is for assessment only.

4. Do I have the right to see my doctor before I go for an assessment?

Absolutely. There is a 2 day waiting period for you to receive compensation, so you will not be paid by the WCB for that time anyway. If it takes longer than 2 days to see your doctor, the WCB will probably not start to pay you until you have gone for the assessment.

5. What should I tell my doctor ?

Your doctor should have a full description of where, how and when you were injured and what body parts you believe were involved. You should also give your doctor a full description of the work you usually do. If your employer has a Job Site Analysis for your job, obtain a copy of that and give it to your family doctor. If you have already been to the Physiotherapy Clinic for your assessment, make sure your doctor has a copy of the assessment and comments about it.

6. How is my Return to Work program managed?

Your return to work should be managed by a team consisting of you, your union representative if applicable, your family doctor, the Physiotherapist, your case manager and a representative of your employer. If your doctor cannot attend meetings on your return to work plan, make sure he/she has all of the information from those meetings and an opportunity to provide input either by phone or letter.

7. How long does the WCB have to make a decision about my claim?

Most decisions are made fairly quickly, however more complex issues require more time. There is no set time limit. If you believe it is taking too long, call us and we may be able to help.

8. What should I do if my case manager does not respond to my calls?

Case managers are supposed to return your calls within 24 hours. If that is not happening, call us and we may be able to assist.

9. What if I disagree with a decision?

You have a right to appeal final decisions of the WCB within 30 days. To be a final decision, it must be in writing. The 30 days begins to run 5 days after the WCB decision was postmarked, so don’t forget to save the envelope.

10. How many levels of appeal are there?

There are 3 levels: Internal Appeals, also referred to as Appeals to the Hearing Officer, External Appeals, also known as an appeal to the Workers’ Compensation Appeals Tribunal and the Courts, limited to questions of law.

11. Can I get help with my appeal?

The Worker Counsellor can assist you in filling out and filing a Notice to Appeal but cannot represent you at the hearing of your appeal. The Workers’ Advisors Program is a free clinic with offices in both Halifax and Sydney, providing representation at all levels of appeal.

12. Where can I get help with a Canada Pension Plan Disability Application or Appeal?

We can provide assistance in filling out an application for CPP disability Pensions and provide free representation at CPP disability hearings to injured worker on WCB benefits.

13. Do I have to report my Workers’ Compensation benefits on my Income Tax Return?

You will receive a T5007 slip from the Worker’s Compensation board. You must claim the amount shown in box 10 of your T5007 on line 144, and claim the same amount on line 250 as a deduction. This will balance out and your WCB benefits will be non-taxable.

Resources

We have many resources for education. Information pamphlets for offices, workplaces, schools and conferences. We can provide materials, organize an education session, lead discussions or host a conference.
If it concerns helping injured workers, their families or representatives, if it concerns preventing injuries, providing best practices or discussions of the history theory or legislation concerning workplace injuries or the injured, we are ready to help.

Overseen by the Nova Scotia Federation of Labour / CLC to provide assistance to both Union and non-union workers in Nova Scotia.